And under our case law, that conclusion should suffice to resolve this case. Reply of petitioner Shelby County, Alabama filed. ( Log Out /  Reading John Roberts’s calm, measured analysis, it seems completely reasonable and sound to strike down this law at the request of an Alabama county complaining of the unconstitutional restriction of its right to full legal sovereignty in enacting all state laws. Record received from the United States Court of Appeals for the District of Columbia (one box). Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. What’s old is new again. (Distributed), Brief amicus curiae of Reason Foundation filed. For petitioner: Bert W. Rein, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents Bobby Pierson, et al. Brief amici curiae of Former Government Officials filed. (Distributed), Brief amicus curiae of Project 21 filed. . This evidence, according to Holder, is part of the reason that Congress was nearly unanimous in its decision to renew Section 5 in 2006. . Circuit engaged in the paradoxical reasoning that the absence of discrimination was evidence of the deterrent value of the preclearance requirement. S even years ago today, the supreme court issued one of the most consequential rulings in a generation in a case called Shelby county v Holder.In a 5-4 vote, the court struck down a … These conversations occurred not in the 1870’s, or even in the 1960’s, they took place in 2010. Brief amicus curiae of Cato Institute filed. See In doing so, it based coverage under Section 4(2) on election data from 1964, 1968, and 1972. (Distributed). Petitioner argues voter registration and turnout are more equal in covered than in uncovered jurisdictions. VIDED. In 2006, Congress reauthorized the Voting Rights Act of 1965 (“VRA”) for 25 years. Shelby County v. Holder. In its decision, the Court relied on evidence that the covered jurisdictions had been singled out by a rational theory and that those jurisdictions had systematically evaded the protections of the Fifteenth Amendment. Much of this, in turn, is evidence of vote dilution, not actual denial of ballot access, which Petitioner asserts does not violate the Fifteenth Amendment. When you are done reading Roberts’s measured, reasonable sounding opinion you have barely a whiff of how radical the judicial activism of the 5-4 “Originalist” majority is in Shelby County v. Holder. . In 2010, addressing the Constitutional questions left open in Northwest Austin, Shelby County sought a permanent injunction that would cease enforcement of Sections 4(b) and 5 of the VRA. Petition GRANTED limited to the following Question: Whether Congress’ decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution. . (Distributed), Brief amici curiae of Abraham Lincoln Foundation for Public Policy Research, Inc., et al. On Tuesday, the justices heard oral argument in Jones v. Mississippi and Borden v. United States. The entire decision is HERE and it is a rewarding read (though not to everyone’s taste). Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet. It was another reminder that, in the unappealable Supreme Court, anyway, the dissent can be 100% vindicated by events set in motion by a wrongly decided opinion (see, for example Dred Scott v. Sanford) and the majority shown to be indefensibly wrong. . (Distributed), Brief amicus curiae of Hon. for the District of Columbia Circuit. (Distributed), Brief amici curiae of National Latino Organizations filed. See . filed. . Change ), You are commenting using your Google account. Under this standard, according to them, a bit of imprecision in coverage is permissible, especially since Congress would be within its authority to expand coverage to the entire nation. Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel on behalf of all respondents-intervenors. (Distributed), Brief amici curiae of Historians and Social Scientists filed. Rather, Holder argues, the formula remains relevant because it still specifies the areas that Congress wishes to subject to the preclearance requirements. Many of the amicus briefs in support of Shelby County are written on behalf of states and other counties who find themselves subject to the VRA‘s provisions. ( Log Out /  I don’t have the strength to go through them at the moment, though many are well worth considering (I’ll post a link back here if I’m able to go through my notes and incorporate some of the more vivid quotes into this discussion). Brief of respondent-intervenors Earl Cunningham, et al. The Attorney General argues that, in fact, Congress made a considered decision to renew Section 5 and amassed a significant amount of supporting evidence. Shelby County v. Holder: The Voting Rights Act doesn’t need to treat states equally (Zachary Price) Shelby County v. Holder: The Shelby County Section 5 showdown (Hans von Spakovsky) Shelby County v. Holder: Preclearance may be a blunt instrument, but bailout is a sharpening stone (Ryan Emenaker) Shelby County v. Awarded the Webby Award for excellence on the internet. In short, Shelby County argues that current conditions in covered jurisdictions are such that remedies less drastic than Section 5 preclearance would be adequate. Finally, the Attorney General argues that the problems of under-inclusiveness and over-inclusiveness are addressed by the “bailout” and “bail-in” provisions. No. While the amici admit that this power is not absolute, they find that the unequal restrictions placed on certain states under the VRA is an infringement on state sovereignty and puts those states on unequal footing from their neighbors, raising federalism concerns. No poll tax (unless you consider an unpaid 8 hour wait to vote a “tax” for a minimum wage worker), no literacy tests (which, back in the late nineteenth century you were exempt from if your grandpappy didn’t have to take one — sorry, former slaves), no other in- your-face specifically identified and banned voter suppression– all made illegal in 1965. Barrett minimized the sweep of the Shelby County v. Holder decision, as she had done at other points in the hearing, saying Congress could always choose to … In his view, evidence from the Section 5 process itself, such as objections to preclearance requests, is highly relevant to Congress’s determination that the preclearance regime should remain in place. (Distributed), Brief amicus curiae of American Bar Association filed. filed. In a 5-4 vote this past June, the Supreme Court dealt a serious blow to the legacy of the civil rights movement in Shelby County v.Holder.Striking down Section 4(b) of the Voting Rights Act of 1965, the decision nullified the coverage formula that determined which states and local governments required preapproval from the Department of Justice before modifying voting laws and requirements. Change ), You are commenting using your Facebook account. Case Summary of Shelby County v. Holder: Section 4(b) of the Voting Rights Act has a formula to identify any State or political subdivision that maintained tests or devices to suppress the minority vote as a “covered jurisdiction,” which under Section 5 of the Act must get approval from Congress before changing their election laws. In Shelby County v. Holder (2013), a landmark case, the Supreme Court struck down Section 4 of the Voting Rights Act of 1965, which provided the federal government with a formula to determine which voting jurisdictions should be subject to oversight when passing electoral laws. (Distributed), Brief amici curiae of Political Science and Law professors filed. On Friday, the justices will hold their November 6 conference. GRANTED. Here’s one vivid 2010 example, from Alabama (citations removed– paragraph breaks inserted): A recent FBI investigation provides a further window into the persistence of racial discrimination in state politics. Section 5 of the VRA requires certain “covered” jurisdictions to obtain federal preclearance before making any alterations to their election laws. Another concern shared by many of Shelby County’s amici is that the VRA impinges on federalism and state sovereignty with regard to elections. . In 2013, however, the Supreme Court struck down the coverage formula in a case called Shelby County v. Holder. The concern that almost all of these amici share is the double standard they claim to be subject to with regard to the enactment of laws that may tangentially affect minority voting rights.

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